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Non-Exclusive Sales Representative Agreement

This template is a legally binding agreement between a company and a sales representative, outlining the terms and conditions of their non-exclusive sales relationship. It is used when engaging independent sales representatives to promote and sell products or services without restricting the company from appointing other representatives.

Updated 16d ago
sales agreementsales representativenon-exclusiveindependent contractorcommissionSouth Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Non-Exclusive Sales Representative Agreement

Non-Exclusive Sales Representative Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

NON-EXCLUSIVE SALES REPRESENTATIVE AGREEMENT

This Non-Exclusive Sales Representative Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

{{company_name}}, a company duly incorporated and registered under the laws of {{country}}, with its principal business address at {{company_address}} (hereinafter referred to as 'the Company'); and

{{sales_representative_name}}, an individual residing at {{sales_representative_address}}, or a company duly incorporated and registered under the laws of {{country}}, with its principal business address at {{sales_representative_address}} (hereinafter referred to as 'the Representative').

The Company and the Representative are hereinafter collectively referred to as 'the Parties' and individually as 'a Party'.

1. APPOINTMENT

1.1 The Company hereby appoints the Representative as a non-exclusive sales representative to market, promote, and solicit orders for the Company's products/services as described in Schedule A ('Products') within the agreed territory of {{territory}} ('Territory').

1.2 The Representative accepts this appointment and agrees to use its best efforts to promote the sale of the Products in the Territory.

1.3 This Agreement does not create an employer-employee relationship between the Parties. The Representative shall operate as an independent contractor and shall be solely responsible for all taxes, social security contributions, and other statutory deductions applicable to its income.

2. TERM AND TERMINATION

2.1 This Agreement shall commence on {{start_date}} and shall continue until terminated by either Party in accordance with the provisions of this Agreement.

2.2 Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party.

2.3 Notwithstanding Clause 2.2, either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.

3. DUTIES OF THE REPRESENTATIVE

3.1 The Representative shall diligently market and promote the Products to potential customers within the Territory.

3.2 The Representative shall provide regular reports to the Company on its sales activities, customer feedback, and market conditions, as reasonably requested by the Company.

3.3 The Representative shall not make any representations, warranties, or commitments regarding the Products that are not expressly authorised by the Company.

3.4 The Representative shall comply with all applicable laws and regulations in the performance of its duties under this Agreement.

4. COMMISSION

4.1 The Company shall pay the Representative a commission of {{commission_percentage}}% on the net sales revenue generated from orders directly solicited and secured by the Representative within the Territory, and which are accepted and paid for by the customer.

4.2 Commission shall be calculated on the net amount of sales after any discounts, returns, or allowances.

4.3 Commission payments shall be made by the Company to the Representative on a {{payment_frequency}} basis, within {{days_of_month}} days following the end of each {{payment_period}}.

4.4 The Company shall provide the Representative with a detailed statement of sales and commission calculations with each payment.

5. COMPANY OBLIGATIONS

5.1 The Company shall provide the Representative with necessary sales materials, product information, and training.

5.2 The Company shall promptly process all orders submitted by the Representative and ensure timely delivery of Products to customers.

5.3 The Company shall be responsible for all costs associated with the manufacturing, delivery, and warranty of the Products.

6. CONFIDENTIALITY

6.1 The Representative acknowledges that during the course of this Agreement, it may have access to confidential information of the Company, including but not limited to, product designs, customer lists, pricing strategies, and business plans.

6.2 The Representative agrees to keep all such confidential information strictly confidential and not to disclose it to any third party or use it for any purpose other than in the performance of its duties under this Agreement, both during and after the termination of this Agreement.

7. INDEMNIFICATION

7.1 The Representative shall indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with any breach by the Representative of its obligations under this Agreement, or any negligent or unlawful act or omission by the Representative.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

8.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa ('AFSA') or an equivalent recognised arbitration body in the specified country.

9. ENTIRE AGREEMENT

9.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

9.2 No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.

For the Company:

___________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

For the Representative:

___________________________

Name: {{representative_signatory_name}}

Title: {{representative_signatory_title}} (if applicable)

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